The International Trade Commission on Sept. 23 opposed exporter Eregli Demir ve Celik Fabrikalari's (Erdemir's) motion to consolidate three of its appeals at the U.S. Court of Appeals for the Federal Circuit involving the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. International Trade Commission, Fed. Cir. # 24-2242).
The U.S. on Sept. 20 defended the Commerce Department’s continued decision on a second remand to use Brazil as the primary surrogate country and Malaysia for the surrogate values of a particular input in a 2019-2020 review of the antidumping duty order on multilayered wood flooring from China (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT # 22-00190).
The U.S. pushed back Sept. 20 against a Turkish steel exporter’s argument that the Commerce Department shouldn’t have determined during a review that its “sale dates” are the invoice dates, rather than dates of contract (see 2407250026) (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 24-00018).
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The Commerce Department on Sept. 23 said that it can permissibly use "inter-quarter comparisons" in the Cohen's d test while detecting "masked" dumping while using "same-quarter comparisons" in its margin calculations. The agency said that "fluctuating production costs," which call for same-quarter comparisons in calculating antidumping duty margins, "do not introduce distortions into the comparison of U.S. prices with other U.S. prices in the Cohen's d test" (Universal Tube and Plastic Industries v. U.S., CIT Consol. # 23-00113).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. on Sept. 20 defended its decision on remand to not apply partial adverse facts available against exporter Garg Tube, claiming that the exporter was "fully cooperative," having made multiple attempts to get cost information from an unaffiliated supplier. The government said Commerce couldn't find enough evidence to show that the potential leverage Garg Tube could exert over the supplier supports the use of AFA (Garg Tube Export v. U.S., CIT # 21-00169).
The U.S. agreed to refund Section 232 duties that exporter ArcelorMittal Long Products Canada paid on its steel bars and rod imports, the parties said in a Sept. 20 stipulated judgment submitted to the Court of International Trade. The parties said the 47 entries at issue across seven cases brought by the company qualify for exclusion to the duties granted by the Commerce Department's Bureau of Industry and Security (ArcelorMittal Long Products Canada v. United States, CIT # 21-00038).
In a 131-page brief before the Court of International Trade, the U.S. responded Sept. 20 to claims by plaintiffs that its circumvention finding regarding Vietnamese hardwood plywood was flawed. It said again that the Commerce Department’s decision to not pick a mandatory respondent was fair and that adverse facts available had been correctly applied to 20 exporters (Shelter Forest International Acquisition v. U.S., CIT Consol. # 23-00144).
A German exporter of steel used to transport corrosive materials responded Sept. 20 at the U.S. Court of Appeals for the Federal Circuit to a U.S. claim that the Commerce Department's decision to calculate certain of the exporter’s production costs for a review using the items' sales values was rational because the figures “came from Dillinger’s own books and records” (AG der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).